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2023 Supreme(All) 1197

MANOJ KUMAR GUPTA, PRASHANT KUMAR
Santosh Preservation Pvt. Ltd. – Appellant
Versus
Dakshinanachal Vidyut Vitran Nigam Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mayank Kumar Agrawal
For the Respondent: Baleshwar Chaturvedi, Usha Kiran, Usha Kiran

JUDGMENT :

BACKDROP

1. The petitioners were having a contracted power load of 280 KVA for running a cold storage. The tariff applicable was HV-2, with facility of MRI downloading. On 12.06.2019, a checking was made at the petitioners' premises and window seal of Main meter and TP seal of NET meter were found tampered. On opening TP cover, it was found that R and B phases wire had been cut. As a result, metering of electric current got disrupted. The meter was showing NIL consumption.

2. The seal of window cover of Pole meter was also found tampered. Two seals of TP cover were also tampered. In said meter also, on account of cutting of wires of R and B phases, the meter was recording zero consumption. However, the transformer was recording 112 Amp on R phase, 120 Amp on Y phase and 125 Amp on B phase when tested with trunk tester. Apparently, the petitioner had rendered the meter dysfunctional so as not to record any electricity consumption. The respondents took MRI reading and thereafter all the three meters were dismantled and sealed in presence of the petitioners' representative and sent for testing. An inspection report was prepared on the spot mentioning the aforesaid facts and th

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